Legal Opinion

Canton Borough v. Williams

Superior Court of Pennsylvania

Decided July 13, 1917No. Appeal, No. 256PublishedCited by 10 opinions

Appeal, No. 256, Oet. T., 1916, by defendant, from judgment of C. P. Bradford Co., Sept. T., 1914, No. 20, on verdict for plaintiff in case of Canton Borough v. Hattie Williams. Assumpsit to recover the cost of rebuilding a sidewalk.

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Appeal, No. 256, Oet. T., 1916, by defendant, from judgment of C. P. Bradford Co., Sept. T., 1914, No. 20, on verdict for plaintiff in case of Canton Borough v. Hattie Williams. Assumpsit to recover the cost of rebuilding a sidewalk. Before Maxwell, P. J. Prom the record it appeared that on August 16,1912, the Borough of Canton served notice on Hattie Williams to build a sidewalk along the east side of Sullivan street from the county bridge for a distance of about 175 feet to a stone walk already laid. The notice required the work to be done within five days, and on default thereof the same…

1Opinion of the Court

Opinion by

Porter, J.,

This is an action to recover for the construction of a sidewalk or footwalk in front of the property of the defendant, which she, after notice, had failed to construct. The defendant raised every possible objection to the payment of this claim, contending, among other things, that the street upon which the walk was laid was not a public highway. The trial resulted in a verdict and judgment in favor of the plaintiff, from which we have this appeal.

There was nothing in the evidence, at the trial, from which a jury should have been permitted to infer that the ancient road…

2Cases cited5 opinions

  1. Ligonier Valley Railroad v. Latrobe BoroughSupreme Court of Pennsylvania · 1907
  2. Mahanoy City Borough v. HerskerSuperior Court of Pennsylvania · 1909
  3. Philadelphia v. WeaverSuperior Court of Pennsylvania · 1900
  4. Smith v. Kingston BoroughSupreme Court of Pennsylvania · 1888
  5. Steelton Borough v. BooserSupreme Court of Pennsylvania · 1894

3Cited by10 opinions

  1. Donahue v. Punxsutawney BoroughSupreme Court of Pennsylvania · 1929
  2. Sweigart v. Borough of EphrataCommonwealth Court of Pennsylvania · 1975
  3. Borough of Cheswick v. StuartSuperior Court of Pennsylvania · 1928
  4. Pace Motels, Inc. v. Township of LoyalsockCommonwealth Court of Pennsylvania · 1979
  5. Borough of Adamstown v. HartmanSuperior Court of Pennsylvania · 1921

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